Legal Research On PPP Project Supervision

At the end of the 20 th century,PPP model,which means public-private partnership,rises all over the world.Compared with the traditional project model,which is implemented by the government alone,PPP model can better solve the problem of insufficient budget and low efficiency.After entering twenty-first century,China is facing great pressure of infrastructure construction brought by economic and population growth.PPP model is a feasible solution to the problem and is rising in China.However,there are some irregularities in the operation of PPP project,which made PPP model can't play its proper role.Therefore,it is quite important to supervise the PPP project.Analyzing the supervision methods and project supervision in China,looking for ways to improve supervision and promote PPP model becomes an important task.This paper mainly includes the following parts:Part one: the basic concept of PPP and supervision.This part mainly introduces the concept of PPP,PPP project procedures,the identity of government in PPP project and the theory of supervision.Understanding these concepts can establish a basic cognition of PPP project supervision.Part two: the analysis of PPP project supervision.In the specific PPP project,there are three supervision methods: agreement supervision,project company supervision and administrative supervision.The owner,the source,content,nature and the way of use of the supervision right and power are different.Analysis of the three types of supervision and finding its advantages and disadvantages are important.Part three: the analysis of China's current legislation status.First,author introduces the legal evolution of PPP in China to get a basic cognition of the development of PPP legislation in our country.Then,according to the legal hierarchy,author sorts out the system of current law,regulation and rule about PPP.Finally,author analyses the supervision ruled in the law,regulation and rule.Part four: the deficiencies of China's PPP project supervision and suggestions.On the basic of the previous three parts,author believes that there are five types of deficiencies in China's PPP project supervision: the lack of legislation,the lack of independence of supervision institution,the lack of attention in PPP contract supervision,the lack of attention in PPP company supervision and the limitation of social supervision.We should improve it in the following ways: perfect the legislation,establish independent supervision institution,strengthen the contract supervision,pay more attention to project company supervision and broaden the ways of social supervision.